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Recent Sexual Harassment Cases
Three former students have filed suits against the University of Colorado because of sexual assaults from football players and recruits. The suits claim that although the university knew about the football program's practice of using sex as a recruiting device, nothing was done to stop it. One of the former students, who is African American, also claims race discrimination and retaliation.
Another former University of Colorado student, football player Katie Hnida, described repeated sexual harassment by her male teammates. The coach, Gary Barnett, who witnessed the behavior that Hnida protested, did nothing to stop it. When questioned, he said, "Katie was a girl, and not only was she a girl, she was
terrible." Barnett was placed on administrative leave for three months, but still received his salary, reportedly $1.6 million. In September 2004, he and athletic director Dick Tharp were to retain their jobs because they wanted to be "part of the solution." Hnida now attends the University of New Mexico, plays on its football team, and became the first woman to score in Division I history. Tharp resigned in November and Barnett was named Big 12 Coach of the Year. How-ever, "the University of Colorado has yet to amend football coach Gary Barnett's contract to include language that would make him more 'accountable.'"
Sexual harassment at the University of Colorado at Boulder is not confined to its athletic department. In April 2004, the Board of Regents fired R. Igor Gamow, a professor of chemical engineering, for conduct "that falls below the minimum standards of professional integrity." (What standards does this suggest that the university holds for Coach Barnett's conduct?) For over twenty years, Gamow's activities have been the subject of rumor and public allegation. In 2000, a former research assistant filed a sexual-harassment complaint, then sued the university, claiming that it had failed to protect her, despite knowledge of past allegations.
An alumnae wrote:
"Why isn't there an outcry for the firing or the suspension of
the engineering head since he should be held responsible for the transgressions
of his department? Shouldn't the dean of the engineering school have
better control of the morals of his staff (as all are asserting the athletic
department has to be responsible for the actions of the players and coaches)?"
Why indeed? Part of the explanation may lie in the fact that when he was fired Gamow was 68. Perhaps that made him considerably more expendable than his dean, department chair, or the Big 12 Coach of the Year.
Sources: National Women's Law Center, September 2004 Coloradan, Chronicle of Higher Education 4/30/04, Rocky Mountain News 12/11/04,
http://news4colorado.com,
and
www.colorado.edu/news/statements/index.html
Last, a case that has two notable features: effective use of technology and financial liability for the alleged harasser. A former student at West Chester University of Pennsylvania documented her claim of sexual harassment with a videotape, sued, and was awarded damages by a federal jury after a three-day trial in November, 2003.
The professor had harassed the student when she went to his office for academic help in 2001. Later, fearing that she would not be believed, she concealed a video camera in a notebook when she asked the professor for a letter of recommendation. At that time, the professor reached under her shirt and groped her breasts. Damages of $120,000 were awarded for this incident only.
The university, however, was not found liable because it had already conducted an investigation of the professor after the student had complained in 2001, given him a letter of reprimand, and ordered him to attend a training session, which he had done.
In February 2004, the professor, who continues to teach at the university, was granted a new trial. Judge Clarence Newcomer wrote, "With hindsight, and proper legal precedent, it is clear that a continuing violation theory ... should not be allowed in this case" and said that he should not have instructed jurors to consider prior incidents of harassment, which fell outside the statute of limitations.
An April article in Philly.com indicates that this case may be the tip of an iceberg. West Chester University students, staff, and faculty members marched to protest the university's sexual harassment policies. Since the 2000-01 academic year, seven male faculty members have been accused of sexual harassment and five were found guilty. Approximately 12,700 students attend the university.
Sources: Chronicle of Higher Education 12/5/03, The Quad 11/20/03, Philly.com April 21, 2004, Daily.com 2/20/04
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